Chapter 711 — DIGITAL PROPERTY
16 sections in this chapter.
Wis. Stat. § 711.01 Short title
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711.01 Short title. This chapter may be cited as the Wisconsin Digital Property Act. History: 2015 a. 300.
Wis. Stat. § 711.02 Liberal construction
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711.02 Liberal construction. This chapter is remedial in nature and shall be liberally construed, consistent with s. 711.14. History: 2015 a. 300.
Wis. Stat. § 711.03 Definitions
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711.03 Definitions. In this chapter: (1) “Account” means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a user’s digital property or provides goods or services to the user. (2) “Agent” means a person grant…
Wis. Stat. § 711.04 Priorities; user directions for disclosure of digital property
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711.04 Priorities; user directions for disclosure of digital property. (1) A user may use an online tool to direct the custodian to disclose or not disclose to a designated recipient some or all of the user’s digital property, including the content of electronic communications. I…
Wis. Stat. § 711.05 Disclosure of digital property; personal representative of a deceased user
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711.05 Disclosure of digital property; personal representative of a deceased user. (1) DIGITAL PROPERTY OTHER THAN CONTENT OF ELECTRONIC COMMUNICATIONS. Unless a user prohibited disclosure of digital property or the court directs otherwise, a custodian shall disclose to the perso…
Wis. Stat. § 711.06 Disclosure of digital property; agent under a power of attorney
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711.06 Disclosure of digital property; agent under a power of attorney. (1) DISCLOSURE OF DIGITAL PROPERTY OTHER THAN CONTENT OF ELECTRONIC COMMUNICATIONS; PRINCIPAL. Unless otherwise ordered by the court, directed by the principal, or provided in a power of attorney, a custodian…
Wis. Stat. § 711.07 Disclosure of digital property held in trust
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711.07 Disclosure of digital property held in trust. (1) DISCLOSURE OF DIGITAL PROPERTY HELD IN TRUST; TRUSTEE IS ORIGINAL USER. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee who is an original user of an account any digital…
Wis. Stat. § 711.08 Disclosure of digital property; conservator or guardian of protected person
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711.08 Disclosure of digital property; conservator or guardian of protected person. (1) After an opportunity for a hearing under s. 54.10, the court may grant a guardian access to the digital property of a protected person. (2) After an opportunity for a hearing under s. 54.76, t…
Wis. Stat. § 711.09 Choice of methods for disclosing digital property; custodian
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711.09 Choice of methods for disclosing digital property; custodian. (1) When disclosing digital property of a user under this chapter, the custodian may in its sole discretion provide a fiduciary or designated recipient with any of the following: (a) Full access to the user’s ac…
Wis. Stat. § 711.10 Custodian compliance and immunity
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711.10 Custodian compliance and immunity. (1) Not later than 60 days after receipt of the information required under ss. 711.05 to 711.08 or 711.12 (7) or an online tool, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclo…
Wis. Stat. § 711.11 Terms of service agreement
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711.11 Terms of service agreement. (1) This chapter does not change or impair the rights of a custodian or a user under a terms of service agreement to access and use digital property of the user. (2) This chapter does not give a fiduciary or designated recipient rights other tha…
Wis. Stat. § 711.12 Fiduciary duty and authority
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711.12 Fiduciary duty and authority. (1) The legal duties imposed on a fiduciary with the authority to manage tangible property apply to a fiduciary’s management of digital property. (2) (a) A fiduciary’s or designated recipient’s authority with respect to a user’s digital proper…
Wis. Stat. § 711.13 Marital property classification of digital property
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711.13 Marital property classification of digital property. Section 766.625 governs the classification of digital property of a married person. History: 2015 a. 300; 2023 a. 127.
Wis. Stat. § 711.14 Uniformity of application and construction
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711.14 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. History: 2015 a. 300.
Wis. Stat. § 711.15 Relation to Electronic Signatures in Global and National Commerce Act
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711.15 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 …
Wis. Stat. § 711.16 Applicability
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711.16 Applicability. (1) This chapter applies to all of the following: (a) A fiduciary acting under a will or power of attorney executed before, on, or after April 1, 2016. (b) A personal representative acting for a decedent who died before, on, or after April 1, 2016. (c) A gua…